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Elder Law Office of David Wingate, LLC

Archive for the ‘Elder Law’ Category

The estate tax – also known as the “death tax” or “inheritance tax” depending on one’s persuasion – has been suspended entirely for 2010.

With congress in post-election turmoil and heavy ideological difference at stake, there are many things that we simply can’t yet know and this makes planning both essential and baffling.

the Boston Globe reports the end of year holds some good news for retirement investors – thanks to new rules put into effect by the small business bill passed last month making Roth IRAs a more attractive option.

The remaining months of 2010 may prove an uneasy time for tax and financial planning – with the status of Bush-era tax cuts and the possible return of the estate tax hanging in the balance while a “lame duck” congress still has the wheel.

A 2009 survey found that 14.5% of the U.S. population – about one of every seven of us – is responsible for the care of a disabled person age 50 or over, up 28% since 2004.

Increasingly, the elderly disabled are paying family members to care for them in family home.

Can a daughter sign the Vet’s application?

Absolutely, NO. The law requires the Vet’s signature to be his/hers and does not allow someone else to sign, even a power of attorney, and even if the Vet is incompetent. A Vets daughter cannot sign for the Veteran, the completed forms required to apply for compensation. Her father/Vet must sign his name on all of the forms (526, 21-22, 4142, 2680, etc.) To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional…

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Should a Veteran use an annuity for planning?

Most people, including veterans and seniors, do not have a sufficient understanding of annuities, to make a decision about the appropriateness of an annuity product.

IRA Required distributions, taxation and beneficiary designations are among the most often overlooked aspects of retirement planning

“If you don’t have a plan for the distribution of your IRA, the IRS has a plan for you.”

If you are age 65 and married, the odds are 75 percent that you or your spouse will need long-term care.

If you are single, the odds are 50 percent that you will need long-term care. If you are age 65 and married, the odds are 75 percent that you or your spouse will need long-term care. These statistics reveal that most people will be faced with long-term nursing home care issues and challenges at some point in their lives – whether for themselves or a loved one. While surfing the web this week, I ran across an excellent Special Report on Long-Term Care put together by the folks at Kiplinger. I think it’s an excellent resource for anyone considering purchasing…

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When a lawyer permits a non-lawyer who markets living trust packages to hold out to the public that the lawyer will prepare the documents, the lawyer acts unethically.

During the seminar, the marketer describes the benefits of living trusts and repeatedly states that every seminar participant should have a living trust.

the VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

Consequently, if you state your claim correctly, have all your necessary documentation, and don’t allow any parties to talk to the VA adjudicator, you may not have been denied.

The VA did not consider prescription co-pays as there is no ability to predict their on-going requirement.

We suggest review the pharmacy print-out and line out everything that is not recurrent

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